A/65/44
As a matter of urgency, the State party should take vigorous steps to rescind the
decrees legalizing immunity for crimes committed on duty which result, in practice, in
impunity for acts of torture committed by members of security services, intelligence
agencies and police. Furthermore the State party should carry out prompt, impartial
and thorough investigations, bring the perpetrators of such acts to justice and, where
they are convicted, impose sentences commensurate with the gravity of the acts
committed.
Monitoring and inspection of places of deprivation of liberty
(14) The Committee notes that the Ministry of Justice, the Ministry of Interior and the
Prosecutor General are empowered to inspect prisons to verify that inmates are being
treated humanely. The Committee is nevertheless concerned at the lack of systematic,
effective and independent monitoring and inspection of all places of detention (arts. 11 and
12).
The Committee calls upon the State party to establish a national system to effectively
monitor and inspect all places of detention and follow up on the outcome of such
systematic monitoring. This system should include regular and unannounced visits by
national and international monitors, in order to prevent torture and other cruel,
inhuman or degrading treatment or punishment.
Secret detention centres
(15) The Committee is also concerned at reports that the State party has established secret
detention facilities under the command of intelligence services, such as the Military
Intelligence service, the Political Security Directorate, the Directorate General of
Intelligence Services and the Directorate of Air Force Intelligence Services. The centres
controlled by these services are not accessible by independent monitoring and inspection
bodies, and are not subject to review by the authorities. The Committee is further concerned
that detainees are deprived of fundamental legal safeguards, including an oversight
mechanism in regard to their treatment and review procedures in respect to their detention.
The Committee is also concerned at allegations that those detained in such facilities could
be held for prolonged periods without any judicial review, in practice in incommunicado
detention and subject to torture or cruel, inhuman or degrading treatment (arts. 2, 11 and
16).
The State party should ensure that no one is detained in a secret detention facility
under its de facto effective control. As often reiterated by the Committee, detaining
persons in such conditions constitutes, per se, a violation of the Convention. The State
party should also investigate and disclose the existence of any such facilities, the
authority under which they have been established and the manner in which detainees
are treated in such facilities. The Committee urges the State party to close all such
facilities.
Complaint mechanism
(16) Notwithstanding the information provided to the Committee in the State party report
on the possibility for a person to submit to the Office of the Public Prosecutor a complaint
of torture allegedly committed by a public official, the Committee regrets the lack of an
independent complaint mechanism for receiving and conducting impartial and full
investigations into the many allegations of torture reported to the authorities, and for
ensuring that those found guilty are appropriately punished. The Committee also regrets the
absence of information, including statistics, on the number of complaints of torture and illtreatment and results of all proceedings, at both the penal and disciplinary levels (art. 2, 5,
12, 13 and 16).
GE.10-44721
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